DID THE NINTH CIRCUIT COURT OF APPEALS VIOLATE
PETITIONER'S RIGHTS UNDER THE FOURTEENTH
AMENDMENT BY ITS FAILURE TO APPLY THIS COURT'S
STANDAR D SET FORTH IN JOHNSON V. CALIFORNIA (2005)
545 U.S. 162 REGARDING THE SUFFICIE NCY OF A PRIMA
FACIE SHOWING OF DISCRIMINATORY USE OF
PEREMPTORY STRIKES BY THE PROSECUTION WHERE
THE RECORD ESTABLISHES:

1. The prosecution struck all three Hispanic female jurors who
were seated as prospective jurors during voir dire;

2. Petitioner is Hispanic and the victims were white;

3. The prosecutor left three white jurors seated whose
concerns about the death penalty were virtually identical to
those expressed by two of the struck Hispanic jurors
Yolanda M. and Lisa H.; and

4. The three Hispani c women struck by the prosecutor were
all excellent candidates for jury service as indicated by
their shared status as respectable and gainfully employed
members of the community.

Did the Ninth Circuit Court of Appeals violate petitioner's rights under the Fourteenth Amendment?